New York Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction

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Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What is a Variance? A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

Examples of zoning variances Intent to change the use of an existing property or building, like turning a house into an antiques store. Intent to build a structure on vacant property.

What does variance mean in zoning? A variance is a specific waiver a property owner can use to make changes to their land that otherwise would go against local zoning ordinances.

A variance allows you to deviate in some way from he requirements of the Zoning Ordinance. You may request a variance if certain physical conditions of your property (e.g. size, shape, topography, location, or surroundings) make it impossible or unreasonable for you to strictly comply with the Zoning Ordinance.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

A real estate variance is an exception to local zoning regulations that allows homeowners or investors to either develop or use their real estate in ways that are normally not allowed. A variance in real estate must be requested from local zoning boards and are only awarded on a case-by-case basis.

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

A (esidentialAgricultural) Zoning District. The A zoning district is intended to provide for areas appropriate for detached singlefamily residential dwelling units and light farming uses, each located on a single legal lot; B. 1 (SingleUnit esidential) Zoning District.

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New York Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction